South Africa Case Law

Sithole v MEC for Health: KwaZulu-Natal (Leave to appeal) (10018/2016P)

Sithole v MEC for Health: KwaZulu-Natal (Leave to appeal) (10018/2016P) [2025] ZAKZPHC 63 (27 June 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

10018/2016P

Judge

Pietersen

The application for leave to appeal was refused because the defendant failed to demonstrate a reasonable prospect of success or any compelling reason for the appeal to be heard. The court found no evidence of a written agreement or waiver by the plaintiff, nor any representation amounting to estoppel. The defendant's reliance on conflicting judgments regarding the effect of striking out a defence was rejected, as the legal position is clear and supported by recent authority. The argument that the order of Hadebe AJ remains suspended due to a pending application for leave to appeal was raised…

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• Leave To Appeal
• Striking Out Of Defence
• Costs Order
• Waiver Of Rights
• Estoppel
• Suspension Of Order

K.R.S v C.L (A186/2023)

K.R.S v C.L (A186/2023) [2024] ZAGPPHC 880 (3 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

A186/2023

Judges

Neukircher, Gwala

The High Court struck an application for leave to appeal off the roll, holding it was not properly before the court under section 16(1)(b) of the Superior Courts Act.

• Leave To Appeal
• Children S Court Orders
• Superior Courts Act
• Suspension Of Order
• Leave-to-appeal
• Superior-courts-act

Mafungo v Keele (Leave to Appeal) (1930/2021)

Mafungo v Keele (Leave to Appeal) (1930/2021) [2024] ZAGPPHC 773 (7 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

1930/2021

Judge

E van der Schyff

The High Court dismissed an application for leave to appeal, holding that the grounds raised did not meet the jurisdictional requirements for leave.

• Leave To Appeal
• Suspension Of Order
• Taxation Of Costs
• Superior Courts Act
• Leave-to-appeal
• Suspension-of-order

HT Pelatona Projects (Pty) Ltd v Tswelopele Local Municipality and Others (2214/2022)

HT Pelatona Projects (Pty) Ltd v Tswelopele Local Municipality and Others (2214/2022) [2022] ZAFSHC 367 (13 June 2022)

Court

Free State High Court, Bloemfontein

Case number

2214/2022

Judge

C Reinders

The court found that the interim interdict granted by Daffue J was intended to regulate the process pending the review and did not have final effect nor did it dispose of the main disputes between the parties. The administration of justice would be undermined if a party could negate a court order by merely filing a notice of leave to appeal. The court held that the filing of the notice of application for leave to appeal does not suspend the operation of the interim order. The counter-application for suspension of the interim relief was dismissed as an afterthought and not justified in the cir…

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• Interim Interdict
• Suspension Of Order
• Declaratory Relief
• Public Tender Award

Siemens (Pty) Ltd v Eskom Holdings (SOC) Ltd and Another (29841/2019)

Siemens (Pty) Ltd v Eskom Holdings (SOC) Ltd and Another (29841/2019) [2021] ZAGPJHC 494 (5 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

29841/2019

Judge

S D J Wilson

The High Court suspended a declaration that Eskom unlawfully awarded a Camden Power Station maintenance tender, prioritising continued power generation and allowing the contract to run its course.

• Tender Review
• Just And Equitable Remedy
• Public Interest
• Suspension Of Order
• Tender-review
• Just-and-equitable-remedy

Pan Africanist Congress of Azania v Moloto (46162/2019)

Pan Africanist Congress of Azania v Moloto (46162/2019) [2019] ZAGPPHC 538 (12 October 2019)

Court

North Gauteng High Court, Pretoria

Case number

46162/2019

Judge

A Millar

The High Court granted leave to appeal and lifted the suspension order under section 18(3), finding the applicant would suffer irreparable harm if the order were stayed.

• Section 18 Application
• Leave To Appeal
• Irreparable Harm
• Suspension Of Order
• Section-18-application
• Leave-to-appeal

Amazulu Football Club v National Soccer League and Others (28539/2018)

Amazulu Football Club v National Soccer League and Others (28539/2018) [2018] ZAGPJHC 560 (8 August 2018)

Court

South Gauteng High Court, Johannesburg

Case number

28539/2018

Judge

Fisher

Urgent interdict application to stop PSL Top 8 fixtures was struck off for self-created urgency and failure to proceed under section 18 of the Superior Courts Act.

• Urgent Interdict
• League Table Reconfiguration
• Irreparable Harm
• Exceptional Circumstances
• Suspension Of Order
• Costs Award

Khalil Ahmed Properties CC v Unlawful Occupiers of Erf 1453 Johannesburg and Another (81006/2015)

Khalil Ahmed Properties CC v Unlawful Occupiers of Erf 1453 Johannesburg and Another (81006/2015) [2017] ZAGPJHC 44 (23 February 2017)

Court

South Gauteng High Court, Johannesburg

Case number

81006/2015

Judge

Molahlehi

The High Court struck an urgent eviction application off the roll, holding that the eviction order was suspended by a pending leave-to-appeal process.

• Eviction Proceedings
• Urgent Application
• Leave To Appeal
• Suspension Of Order
• Urgent-application
• Eviction-proceedings

Khoza and Others v Body Corporate Ella Court (07/22463)

Khoza and Others v Body Corporate Ella Court (07/22463) [2008] ZAGPHC 429; 2014 (2) SA 112 (GSJ) (13 October 2008)

Court

High Courts - Gauteng

Case number

07/22463

Judge

SV Notshe

The court held that Rule 49(11) is a procedural rule, not a substantive rule of law. The previous decision in United Reflective Converters (Pty) Ltd v Levine, which held that Rule 49(11) does not suspend orders pending rescission applications, was found to be clearly wrong. The court reasoned that both at common law and under the Uniform Rules, the institution of a rescission application suspends the operation and execution of the order in question. This interpretation is necessary to prevent irreparable prejudice to applicants seeking rescission, aligning with the rationale for suspending or…

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• Rule 49 11 Uniform Rules
• Suspension Of Order
• Rescission Application
• Stare Decisis
• Common Law Development

Jamieson v Sabingo (99/17038)

Jamieson v Sabingo (99/17038) [2000] ZAGPHC 10 (13 April 2000)

Court

High Courts - Gauteng

Case number

99/17038

Judge

Willis

The High Court granted leave to appeal, suspended its earlier order, and directed that the appeal be heard by the Supreme Court of Appeal.

• Leave To Appeal
• Interlocutory Order
• Suspension Of Order
• Costs In Appeal
• Leave-to-appeal
• Interlocutory-order